State department designates German rapper turned Islamic State 'operative' - The Long War Journal - 0 views
-
The State Department announced today that Denis Cuspert, a German member of the Islamic State, has been added to the US government's list of specially designated global terrorists. Cuspert previously performed as a rapper, going by the name of Deso Dogg, and even briefly toured with the popular American performer known as DMX. Some of Cuspert's music is still available for purchase in the US and elsewhere online. However, State explains that as a result of his designation as a terrorist "all property subject to US jurisdiction in which Cuspert has any interest is blocked and US persons are prohibited from engaging in transactions with him or to his benefit." US citizens cannot, therefore, legally purchase his rap songs online if he receives proceeds from the sale. According to State, Cuspert is "a foreign terrorist fighter and operative for ISIL," or the Islamic State of Iraq and the Levant. (The group calls itself the Islamic State, but the US government refers to it by the acronym of its previous name, or ISIL.) "Cuspert joined ISIL in 2012 and has appeared in numerous videos on its behalf, the most recent dating from early November, in which he appears holding a severed head he claims belongs to a man executed for opposing ISIL." Cuspert, who is 39 years old, "spent time in jail for various offensives" in Germany before traveling to Syria. He is still "wanted by the German government on suspicion of involvement in terrorist activities in his home country."
-
There has been some controversy over whether or not Cuspert is really alive. He has been reported dead in the past. Some of the confusion is owed to Cuspert's nom de guerre, Abu Talha al Almani, which has been used by other Islamic State jihadists, including one who was killed in Syria last year.
-
There are some obvious first amendment issues with banning the purchase of music, magnified when the music carries a political message. Where, as here, the purpose is not to regulate speech but has an incidental effect on speech, the restriction will be upheld only "if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest." United States v. O'Brien, 391 U.S. 367, 377 (U.S. 1968). There is a strong argument here that the State Department is not using the least restrictive means of blocking Cuspert's income from sale of his music, i.e., the government could instead leavy against Cuspert's share of the revenue from the recording studio. I presume that either the studio or citizens who wish to purchase Cuspert's music would have standing to mount such a legal challenge. The argument would basically be that the statute and regulation are overbroad as applied to activity protected by the First Amended. A First Amendment "as applied" challenge leaves the court with discretition to leave the statute and regualtion unchanged, but judicially create an exception.